I have written from time to time about what happens if you die without a Will in the State of New York.  If you die without a Will, the New York rules of intestate succession will apply.  I have received a lot of questions on this topic recently, so I thought it would be useful to put together the following list of questions and answers to address key issues related to intestate succession.

What are the laws of intestate succession?

What your family inherits under the rules of intestate succession are determined by section 4-1.1 of the New York Estates Powers and Trusts Law (EPTL).  This law determines which of your relatives receive your assets.

If I die, will my spouse receive all my assets?

If you are survived by just a spouse, then yes.  If you are survived by a spouse and children, then your spouse will receive the first $50,000 of your estate and the balance will be split equally between your spouse and your children.

What if my spouse predeceases me and I am survived by children?

In that case, your children will each receive an equal share of your assets.

What if I die and do not have a spouse or children?

In that case, your assets go to your parents.  If your parents have both predeceased you, then your assets will go to your siblings.  If you die with no surviving spouse, children, parents, or siblings, then your estate will be inherited by more distant blood relatives. 

How are relatives by marriage considered?

Other than your spouse, relatives by marriage, i.e. a daughter-in-law or son-in-law, do not receive anything from your estate under the laws of intestate succession.

Are there any exceptions to these rules?

Yes.  Your spouse and children are entitled to certain family exempt property pursuant to New York EPTL section 5-3.1.  For example, if you die, your spouse is entitled to your car up to a value of $25,000 outside of the intestate succession rules.  In addition – and this is very important – these rules only apply to assets you owned in your name only.

What do you mean by assets owned “in your name only”?

By “in your name only”, I mean it would exclude assets that you held jointly with someone else, assets that are payable to a named beneficiary upon your death, and assets held in trust.

What happens to those types of assets?

Assets held jointly with someone else, i.e. a piece of real property owned with a sibling, would go to that surviving joint owner.  Assets payable to a named beneficiary, i.e. a life insurance policy, would go to that named beneficiary.  Assets held in trust would go to the listed beneficiaries in the trust.

Should I just rely on the rules of intestate succession for my estate?

That would generally not be a good idea, because the rules of intestate succession may not be consistent with your wishes.  For example, most married couples would like their entire estate to be left to their surviving spouse, even if they leave children behind.  The expectation is that the surviving spouse would then provide for the children.  If you die without a Will and have a spouse and children, part of your estate will go directly to your children – which is likely inconsistent with your wishes.

Are there other reasons to have a Will?

Yes.  A properly drafted Will can also allow you to take advantage of tax planning techniques that may reduce the taxability of your estate.  In addition, if you have minor children, a Will can provide for your wishes regarding their care if you pass away before they reach the age of eighteen.  In your Will, you can nominate guardians of their property and person who will act as their surrogate parents in the event you pass away during their minority.

The rules of intestate succession in New York provide a “default” plan for the inheritance of your estate.  Unfortunately, this default plan may not be consistent with your desires regarding the disposition of your assets or the handling of your family affairs.  In order to ensure that these issues are properly addressed, it is important to have a Will in place.  To discuss drafting a Will consistent with your wishes, you should contact an experienced estate planning attorney near you.

Matthew J. Dorsey, Esq. is a Shareholder with O’Connell and Aronowitz, 1 Court Street, Saratoga Springs. Over his twenty-seven years of practice, he has focused in the areas of elder law, estate planning, and estate administration. Mr. Dorsey can be reached at 518-584-5205, mdorsey@oalaw.com and www.oalaw.com.  

There’s no shortage of headlines and uncertainty surrounding the stock market in an election year. Investors are often left wondering if they should make changes to their investment strategy or sit tight and wait for the dust to settle. While it may be tempting to make impulsive decisions based on election-year jitters, there are a few key dos and don’ts to keep in mind when it comes to investing during this tumultuous time.

Do: Diversify Your Portfolio

Diversification is always a sound approach to investing, but it becomes even more crucial during an election year when the market can be especially volatile. By spreading your investments across different asset classes and sectors, you can help mitigate the risk of being overly exposed to a single election outcome. Consider allocating your assets across a mix of stocks, bonds, real estate, and commodities to help weather potential market turbulence.

Don’t: Make Predictions Based on the Election Outcome

It’s tempting to speculate about how the election results will impact the stock market.

However, attempting to predict the market’s movements based on election outcomes is a risky gamble. History has shown that the market’s response to election results is often unpredictable, with both positive and negative reactions to different election outcomes.

Instead of trying to time the market based on election predictions, focus on a long-term investment strategy that aligns with your financial goals.

Do: Stay Informed

During an election year, it’s essential to stay informed about the policies and proposals put forth by the candidates. Certain industries and sectors may be more affected by specific policy changes, and staying abreast of these developments can help you make informed decisions about your investments. Stay informed about economic indicators, geopolitical events, and market trends to make strategic investment choices that align with the evolving political landscape.

Don’t: Make Emotional Decisions

Market volatility can evoke strong emotional responses, leading some investors to make impulsive decisions that can negatively impact their portfolio. Making investment decisions based on fear or greed is rarely a winning strategy. Avoid knee-jerk reactions to election-related news and maintain a disciplined approach to investing. Keep your long-term goals in mind and resist the urge to make drastic changes based on short-term market movements.

Do: Look for Opportunities

Election years can create unique investment opportunities, as market volatility may drive stock prices down, presenting attractive entry points for long-term investors. Consider taking advantage of any market dips to add quality investments to your portfolio at reduced cost.

Keep an eye out for undervalued assets that have strong growth potential and consider using dollar-cost averaging to gradually invest over time, reducing the impact of short-term market fluctuations.

Don’t: Neglect Your Financial Plan

Regardless of the election cycle, it’s important to stick to your financial plan and investment strategy. Revisit your asset allocation, risk tolerance, and investment objectives regularly to ensure that they align with your long-term financial goals. Avoid making drastic changes to your investment strategy based on short-term events, as this can derail your progress and undermine the effectiveness of your financial plan.

Investing in an election year requires a disciplined and informed approach. By diversifying your portfolio, staying informed, and avoiding emotional decision-making, you can navigate the market uncertainty and potentially capitalize on investment opportunities. Keep in mind that market volatility is a normal part of the electoral cycle and maintaining a long-term perspective is key to successful investing during election years.

Stephen Kyne CFP® is a Partner at Sterling Manor Financial, LLC in Saratoga Springs. Securities offered through Cadaret, Grant & Co., Inc. Member FINRA/SIPC. Advisory services offered through Sterling Manor Financial, LLC, or Cadaret Grant & Co., Inc., SEC registered investment advisors. Sterling Manor Financial and Cadaret, Grant are separate entities. 18 Division St, Ste 202, Saratoga Springs. 518-583-4040. Asset allocation and diversification are approaches to help manage investment risk. Asset allocation and diversification do not guarantee against investment loss. Past performance does not guarantee future results.

As the year draws to a close, many individuals with flexible spending accounts (FSAs) find themselves with unused funds. If you’re looking for a smart and beneficial way to utilize your remaining flex spending dollars, investing in your eye health is an excellent choice. In this article, we’ll explore various ways to make the most of your end-of-year flex spending at your local eye doctor.

Comprehensive Eye Exam:

Start by scheduling a comprehensive eye exam. Regular eye check-ups are crucial for maintaining good vision and detecting any potential issues early on. Your eye doctor can assess your vision, screen for eye diseases, and update your prescription if necessary. Don’t underestimate the importance of proactive eye care in preserving your overall well-being.

Prescription Glasses:

If your prescription has changed or if you’re due for a new pair of glasses, consider investing in high-quality prescription eyewear. Choose frames that not only enhance your vision but also reflect your style. Many eye care providers offer a wide selection of fashionable frames that cater to various preferences.

Prescription Sunglasses:

Protect your eyes from harmful UV rays by investing in prescription sunglasses. Not only do they shield your eyes from the sun’s glare, but they also provide clear vision. Prescription sunglasses are a practical and stylish accessory that can be customized to suit your prescription needs.

Contact Lenses and Supplies:

If you prefer contact lenses, use your flex spending funds to stock up on your supply. Additionally, consider purchasing cleaning solutions, storage cases, and other related accessories to maintain optimal eye health and hygiene.

Computer Glasses:

With the increasing amount of time spent on digital devices, computer glasses have become essential for many. These glasses are designed to reduce eye strain caused by prolonged screen time, making them a worthwhile investment for those who work or study on computers regularly.

Specialized Eye Tests:

Some eye doctors offer specialized tests beyond a standard eye exam. These may include screenings for conditions like glaucoma, macular degeneration, or dry eye syndrome. Using your flex spending for these tests can provide valuable insights into your eye health and catch potential issues early.

Orthokeratology (Ortho-K):

For those interested in preventing myopia progression in their school-aged children, orthokeratology involves using specially designed contact lenses to reshape the cornea temporarily, providing clear vision without the need for glasses or daytime contact lenses. Explore this option with your eye doctor to see if it’s suitable your myopic children.

As the year concludes, make the most of your flex spending dollars by prioritizing your eye health. Whether it’s a comprehensive eye exam, stylish prescription glasses, or specialized tests, investing in your vision is a wise choice that contributes to your overall well-being. 

By choosing local eye care businesses, you not only benefit personally but also play a crucial role in supporting your community. Thank you for considering these options and for supporting small local eye care businesses. Schedule an appointment with your neighborhood eye doctor to discuss your options and ensure you use your flex spending funds wisely before they expire. 

Your investment in your eye health is not only a gift to yourself but also a contribution to the vitality of your local community.

Susan Halstead is a Nationally and New York State Licensed Optician and is the owner of Family Vision Care Center at 205 Lake Avenue in Saratoga Springs. FVCC has been serving the Saratoga County Community since 1920 with Susan as its third owner. Susan can be reached for comments or questions via text or phone call at 518-584-6111 or email Susan@familyvisioncarecenter.com

I was really feeling the Christmas spirit the other day. You know how people just seem to be in a good mood when things get Christmasy? And things that might usually annoy them can sometimes just be brushed aside? I was feeling that!

Before I tell you about it, though, I need to tell you one of my dark secrets: I’ve held a deep grudge against a certain gentleman for about five years. I don’t even know his name — not that I would tell you if I did — but five years ago I was doing one of my many back-and-forths through our beautiful city on my school pick-up runs and my youngest was a newborn. When he was a newborn, he hated being in the van. Hated it! He cried and cried and cried the whole time, which would make me sweat with anxiety. Literally sweat. I’d be soaked when I got home. The only thing that would take the edge of his crying — the tiniest edge — was forward motion, so I dreaded stop signs and stop lights. As long as we kept driving, there was the possibility of a moment of peace here and there for him and me and anyone else in the van. But this gentleman, on official business, chose my van to be the first vehicle in a line of cars that he needed to stop for a few minutes.

That was it! That is the big reason there’s been a shadow over this man in my mind for these five years! A man who was doing his job, who had no reason to know I was losing my mind with a screaming baby, who had no reason to know that him stopping the traffic made my life so very much harder in those few minutes. I’ve thought of him and this ridiculous grudge of mine many times over the last few years and wished I could have a softer heart toward him. And the other day, it happened! I saw him doing his job — the same job he was doing when I had that incident five years ago — and I didn’t feel angry! I was sure it was the magic of Christmas!

I had another memory the other day of another man who made me angry, right around the same time as the traffic one. This was one of the boys’ coaches — I won’t tell you which boy or which sport, and certainly not which coach — but he was a coach that would regularly keep my son and his team extra long at the end of practice. This would often mean I’d be waiting in the van for fifteen or twenty minutes past the time that practice was supposed to be over. I would absolutely lose my mind over this! Back then, I was still deep in “schedule mode”: everything ran more smoothly at home and everyone was happier (especially me) when feedings and naps happened when they were supposed to. 

But my older boys were old enough at this point that they had things going on that interfered with the schedules. My mental peace took a real hit if the baby’s nap had to be cut short, or if he screamed more than usual when out and about because of being tired, or if he fell asleep in the van while we were doing all the driving around, which would inevitably happen just before we got home, and then he’d wake up when I tried to transition him into the house without waking him. It was the absolute worst. So when we were sitting in the van waiting for my son to be done with practice, and it was going far past the time that I had used to make new schedule calculations, I felt like screaming, or making my son quit the team, or marching up to the coach myself — in the middle of the players — and telling him what’s what. That my son would die of embarrassment was only a small deterrent; the bigger one was that I couldn’t march over to the coach because I couldn’t leave everyone alone in the van, and the idea of getting them all out of the van was a far more painful proposition than sitting in the driver’s seat and fuming.

I’ll tell you, though — I was waiting to pick up a son at a practice that ran long the other day, and I didn’t feel like screaming! Or pulling my son from the team! Or marching over to the coach! In fact, sitting there in the quiet van while everyone else was home (because I can do that now! I have big boys who can watch little boys and I can pop out to get someone from practice without getting everyone dressed and out the door!) was so pleasant. I had my phone to noodle around on and Christmas songs on the radio. No one was crying or ruining their bedtime with an off-schedule nap. I was not stressed! It was that Christmas spirit again!

Probably at this point you’re realizing what took me a bit to realize, which is that while, yes, the Christmas spirit really does work miracles sometimes, the only miracle at play in my two stories is that I no longer have very tiny children. Now I’m just normal-annoyed if I get held up in traffic, and if I want to go tell the coach that my son needs to come with me now, I’ll just do it, no big deal, and I honest-to-goodness won’t even be angry. It’s so funny to me when I have these realizations — life was one way for so long, and now it’s another! I miss those days of tiny boys, but memories like these remind me there’s a time and a season for everything.

I’d still like to think of it as Christmas spirit, though! A very merry Christmas to you all!

Kate and her husband have seven sons ages 19, 17, 15, 13, 11, 9, and 5. Email her at kmtowne23@gmail.com.

I have previously written in these pages about challenges to a Last Will and Testament.  I have said that such challenges are limited in nature, rare, and by no means commonly successful.  What do you do, however, if you think there may be a reason to challenge a Will, but you believe you do not have all the information you need to make the decision?

If you are a party to the probate proceeding, you have a statutory right under Surrogate’s Court Procedure Act (SCPA) section 1404 to examine the witnesses to the Will and the person who wrote the Will (“the draftsperson”).

What does it mean to examine the witnesses and draftsperson?

The witnesses and draftsperson would be required to appear either in court or at a deposition and give sworn testimony under oath.  Generally, the examinations are done in court, but the presiding judge can permit the examinations to occur outside the courtroom at a sworn deposition.

What can you ask during the examinations?

The scope of your questions is generally considered to be fairly broad, as soon as the questions are relevant to the probate of the Will.  For example, you could ask about the specifics of the signing ceremony where the witnesses were present.  Was anyone else present in the room?  Was the Will signer wearing his or her glasses?  Did the Will signer review the Will before signing?  Questions of that nature would all be likely considered relevant by the presiding judge. 

Are you entitled to any documents in connection with the examinations?

Yes.  The party conducting the examinations has a right to document discovery under Civil Practice Law and Rules (CPLR) Article 31.  Typically, you would seek copies of prior Wills, any notes related to the Will preparation, and anything else you could argue would be relevant to the examinations.

Can you examine anyone else under oath?

Yes.  If there is an in terrorem clause, you may examine the nominated executor and the proponent of the Will (which is usually the same person).  An in terrorem clause is a clause which would result in a beneficiary losing their gift under the Will if they were to challenge the Will.  You could examine potential additional witnesses upon the approval of the court.

What additional witnesses could the court approve of?

The court could potentially approve the examination of additional witnesses if it found them able to “provide information with respect to the validity of the will that is of substantial importance or relevance to a decision to file objections to the will.” (SCPA 1404(4)). 

What are Objections?

Objections are formal written allegations that argue against the court admitting the proposed Will to probate.  The probate of the Will is usually accompanied by the issuance of Letters Testamentary to the nominated Executor.  If the Will is admitted to probate and Letters Testamentary issued to the Executor, then the administration of the decedent’s estate will commence.  

When are Objections made?

Objections can be made before or after SCPA 1404 examinations occur.  SCPA 1404 examinations are somewhat rare, but if they occur, the party who seeks the examinations is usually seeking information to see if Objections are appropriate to bring against the probate of the Will.

If SCPA 1404 examinations occur, what happens next?

If Objections have not already been brought, the court will likely provide some additional time (i.e. 10 days or two weeks) to allow the party who sought the examinations to decide whether or not to file Objections.  If no Objections are filed, then the probate of the Will likely occurs and Letters Testamentary will likely be issued to the Executor.

When would it make sense to request SCPA 1404 examinations?

You would be well advised to discuss the matter with an attorney experienced in estate administration.  Such an attorney could discuss with you what type of Objections could be made and whether SCPA 1404 examinations would be useful in making that decision.  Objections and SCPA 1404 examinations are not common, so you would want to obtain legal advice before going forward with such an effort.

If you have concerns about a Will being probated, a consultation with an experienced attorney will allow you to better understand the probate process and your legal rights.  If Objections or SCPA 1404 examinations are not appropriate, there may be other steps that could be taken to ensure your rights with regard to the decedent’s estate are protected.

Matthew J. Dorsey, Esq. is a Shareholder with O’Connell and Aronowitz, 1 Court St, Saratoga Springs. Over his twenty-six years of practice, he has focused in the areas of elder law, estate planning, and estate administration. Mr. Dorsey can be reached at 518-584-5205, mdorsey@oalaw.com and www.oalaw.com.

Back pain is a fact of life for many people. Research shows that up to 80% of the population will experience back pain at some point during their lives. It is also the second most common reason for visits to the doctor’s office, outnumbered only by upper-respiratory infections.

Sometimes back pain is sharp and intense, caused by a wrong move or an injury, and heals in a few days or weeks. Others experience back pain as a chronic condition, seriously altering their ability to work and enjoy time with family, friends, and other leisure activities—leading to depression in some cases. A recent global survey of health conditions identified back pain as the single most disabling condition worldwide.

Moreover, as lifestyles have become more sedentary and the rate of obesity has risen, back pain has become increasingly prevalent, even among young children. Spinal health is an important factor in preventing back pain, as well as maintaining overall health and well-being. The American Chiropractic Association (ACA) encourages people to take steps to improve their spinal health and avoid injury.

Things such as better nutrition, exercise, ergonomic workspaces and proper lifting and movement techniques can go a long way in helping people to strengthen their spines and potentially avoid serious injury and chronic pain. When back pain hits, research shows that a conservative, drug-free approach to treatment is the best option.

Conservative Treatment Options Supported by Research

Treatment for back pain has come a long way. It was once believed that taking pain medication and getting some rest and relaxation were the best course of treatment for a bout of low back pain, but nowadays research supports first trying drug-free, conservative options for pain management while remaining as active as possible during recuperation.

The epidemic of prescription opioid overuse and abuse has also led many health groups to appreciate the value of a conservative approach to common conditions such as back pain. For example, the American College of Physicians, the largest medical-specialty society in the world, updated its back pain treatment guidelines to support a conservative approach to care.

In March 2016, the Centers for Disease Control and Prevention released updated guidelines for prescribing opioids that also promote the use of non-pharmacologic alternatives for the treatment of chronic pain. In 2015, the Joint Commission, the organization that accredits more than 20,000 health care systems in the U.S. (including every major hospital), recognized the value of non-drug approaches to pain management by adding chiropractic and acupuncture to its pain management standard.

Beyond the risks of overuse and addiction, prescription drugs that numb pain may also convince a patient that a musculoskeletal condition such as back pain is less severe than it is, or that it has healed. Masking back pain with medication can lead to over-exertion and a delay in the healing process or even to permanent injury. With the steep costs associated with prescription drugs, chiropractic’s conservative approach makes economic sense as well. A 2012 study found that spinal manipulation for neck and back pain was cost-effective when used either alone or combined with other therapies.

Chiropractic is a health care profession that focuses on disorders of the musculoskeletal system and the nervous system, and the effects of these disorders on general health.

Chiropractic services are used most often to treat conditions such as back pain, neck pain, pain in the joints of the arms or legs, and headaches. Chiropractors practice a hands-on, drug-free approach to health care that includes patient examination, diagnosis and treatment.

Widely known for their expertise in spinal manipulation, chiropractors are also trained to recommend therapeutic and rehabilitative exercises, and to provide nutritional, dietary and lifestyle counseling.

Dr. Matt Smith has been a Chiropractor in Saratoga Springs for the past 37 years. He and his daughter Dr. Kevy Smith Minogue can be reached at www.mysaratogachiropractor.com or call 518-587-2064.

Planning for retirement may seem overwhelming, but taking simple steps now can help set you up for a comfortable and secure future. Whether you’re just starting your career or are nearing retirement age, it’s never too early or too late to begin preparing for this important life stage.

The first step in planning for retirement is to define your goals. Take some time to consider what you envision for your retirement years. Will you want to travel, pursue hobbies, or volunteer? Thinking about what kind of lifestyle you want to have in retirement can help you determine how much money you’ll need to save. Remember these goals can, and probably will, change.

Once you have a vision of your retirement goals, it’s important to calculate how much money you’ll need to fund your desired lifestyle. Consider your living expenses, healthcare costs, and any additional expenses you may have, such as travel or hobbies. Working with your financial advisor can help you estimate your retirement needs based on factors like your current age, income, and retirement age.

One of the most effective ways to build a solid retirement nest egg is to start saving as early as possible. Even small contributions to a retirement account can grow significantly over time due to compound interest. If your employer offers a 401(k) or similar retirement plan, consider participating and contributing as much as you can, especially if your employer matches contributions.

Developing a concrete plan for saving for retirement can help you stay on track and reach your goals. Set specific savings targets and create a budget that allows you to contribute regularly to your retirement accounts. Automating your retirement contributions can also make it easier to save consistently without having to think about it.

When saving for retirement, it’s important to diversify your investments to help manage risk. Consider investing in a mix of stocks, bonds, and other assets that align with your risk tolerance and time horizon. Revisit and adjust your portfolio as needed to help ensure it remains aligned with your retirement goals.

Understanding the basics of retirement planning and investing can empower you to make informed decisions about your financial future. Consider seeking out resources, such as books, online courses, or financial advisors, to learn more about retirement planning strategies and investment options.

By taking these simple steps to start planning for retirement, you can work to set yourself up for a more financially secure future. With the right approach and a commitment to saving, you can take better control of your retirement and work towards the lifestyle you envision for your golden years.

Stephen Kyne CFP® is a Partner at Sterling Manor Financial, LLC in Saratoga Springs. Securities offered through Cadaret, Grant & Co., Inc. Member FINRA/SIPC. Advisory services offered through Sterling Manor Financial, LLC, or Cadaret Grant & Co., Inc., SEC registered investment advisors. Sterling Manor Financial and Cadaret, Grant are separate entities. 18 Division St, Ste 202, Saratoga Springs, NY 12866 518-583-4040

One thing that I’ve really come to appreciate more and more as my boys get bigger is how well those who work in pediatrics tend to be with their patients and their patients’ mothers (at least, this mother). The medical professionals who have cared for my kids over the years have been great at keeping me looped in, asking my thoughts, and respecting my experience, while also letting me know where I haven’t had the right perspective, needed to learn more, or just needed to calm down. This is a fine line to walk for medical professionals, in my opinion — how to be respectful of the rights and responsibilities of parents while also relying on one’s own medical education, training, and experience to properly treat little ones (and not-so-little ones, as in the case of my big boys).

My gratitude for good pediatric medical professionals has been on my mind lately because one of my big boys was treated recently by those who don’t specialize in pediatrics, and while they did a fine technical job — for which I’m extremely grateful — my dealings with them emphasized what a gift those with a pediatric focus are for kids and their anxious mothers. These are some of the things that I find so comforting as a mom that those in pediatrics do really well:

Listen to me

I realize the child is the patient, and the older the child, the more he or she can speak for himself or herself. But also, I remember things the kids don’t; I understand things the kids don’t; I spend a whole lot more time watching my kids than my kids spend watching themselves. Their story is not my story, but I’m a fairly omniscient narrator, especially with the very little ones. Doctors who take seriously my perspective, theories, thoughts, and concerns (or who make it look like they do!) make me feel like they’re taking my child’s health seriously. They also make me more likely to trust their advice.

Explain things

I love that our pediatrician explains what he’s going to do before he does it and continues the explanation as he’s doing it. He talks to my sons, not to me, but loud enough for me to hear, which covers all the bases — things like, “Okay, I’m going to push hard on your belly now — it’s not going to tickle!” Additionally, the doctors and nurses are always really careful to fully explain next steps in the case of an ongoing medical issue (from a round of antibiotics to more involved treatments): how long, what to expect, what to do if something unexpected happens, and always a reminder that it’s perfectly fine to call the office with any questions or concerns at any time. (I have taken full advantage of that through the years!)

Keep things kid-friendly

On the one hand, it’s maybe a little unfair to expect those who work with children to always be good at being kid-friendly — I’ve always thought it’s a gift to be able to do so, and not a gift that I feel like I have, so I can appreciate that this could be a challenge for certain personalities that are otherwise really skilled at what they do. But our pediatric caregivers really try hard to ask my boys how life is going, engage in funny chitchat, and some are even really good at being a little goofy, all of which go a long way toward making kids and their moms feel comfortable. One of the doctors at our pediatrician’s office tells my boys to be sure not to take the princess stickers, since those are for him — my boys crack up every single time he says it.

The boy I mentioned earlier broke his leg at the end of the summer and had to have surgery, and was put in a long cast for six weeks, which made self-care and mobility incredibly difficult for him and provided new challenges for my husband and I as his caretakers, for my parents, who were a huge help, and for our whole household. The surgical team did a fantastic job of fixing his leg, but it wasn’t a pediatric team, and while I saw several attempts at efforts to have a good bedside manner, I often felt worried, out of the loop, and confused about several parts of his care plan. I felt like I needed to speak up more as his advocate, because they weren’t considering things from a kid’s perspective and my son didn’t know how to speak up for himself or what to say, but also that my voice wasn’t as important to them as it always has been to our pediatrician. There were even some moments that I found to be really scary, but the need to reassure me and my son in the ways I’ve become accustomed to at the pediatrician’s office didn’t seem to be high on anyone’s list. 

I suppose I’ll always feel like my kids’ doctors should be asking my thoughts, taking seriously my concerns, and making it look like the things I’m saying are helpful and relevant, even when my boys are well into adulthood. A mother is a mother forever, after all! And I certainly want good care for them at all ages, whether or not that comes with a skilled bedside manner. I’m just so grateful for those who are really good at being the kind of medical caregivers that this mama wants for her children, and that I feel like I need in order to best take care of them. (We are happy patients of Community Care Pediatrics!)

Kate and her husband have seven sons ages 19, 17, 15, 13, 11, 9, and 5. Email her at kmtowne23@gmail.com.

What is Chiropractic?

Chiropractic is a health care profession that focuses on disorders of the musculoskeletal system and the nervous system, and the effects of these disorders on general health. Chiropractic services are used most often to treat common musculoskeletal complaints, including but not limited to back pain, neck pain, pain in the joints of the arms or legs, and headaches.

Through their whole-person, patient-centered approach, doctors of chiropractic (DCs) elevate the health and wellness of their communities by helping people of all ages live more fully and actively.

Why Choose Chiropractic?

Chiropractic is the third-largest primary health care profession, surpassed in number only by doctors of medicine and dentistry. Doctors of chiropractic treat about 35 million Americans annually.

•DCs are licensed to practice in all 50 states and the District of Columbia–and in many nations around the world–and undergo a rigorous education in the healing sciences at institutions accredited by the U.S. Department of Education.

•A growing list of research studies and reviews demonstrate that the services provided by chiropractic physicians are both safe and effective. The evidence strongly supports the natural, whole-body and cost-effective approach of chiropractic services for a variety of conditions.

•Chiropractic services are included in most health insurance plans, including major medical plans, workers’ compensation, Medicare, some Medicaid plans, and Blue Cross Blue Shield plans for federal employees, among others.

•Chiropractic is used extensively by amateur and professional athletes, professional dancers and others to prevent and treat injuries as well as achieve optimal health and functioning.

What is Spinal Manipulation?

One of the most common and well-known therapeutic procedures performed by doctors of chiropractic is spinal manipulation (sometimes referred to as a “chiropractic adjustment”). The purpose of spinal manipulation is to restore joint mobility by manually applying a controlled force into joints that have become hypomobile – or restricted in their movement – as a result of a tissue injury. Tissue injury can be caused by a single traumatic event, such as improper lifting of a heavy object, or through repetitive stresses, such as sitting in an awkward position with poor spinal posture for an extended period of time. In either case, injured tissues undergo physical and chemical changes that can cause inflammation, pain, and diminished function for an individual. Manipulation, or adjustment of the affected joint and tissues, restores mobility, thereby alleviating pain and muscle tightness, allowing tissues to heal.

Chiropractic adjustment rarely causes discomfort. However, patients may sometimes experience mild soreness or aching following treatment (as with some forms of exercise) that usually resolves within 12 to 48 hours. Compared to other common treatments for pain, such as over-the-counter and prescription pain medications, chiropractic’s conservative approach offers a safe and effective option.

What is a Doctor of Chiropractic?

Doctors of Chiropractic (DCs) – often referred to as chiropractors or chiropractic physicians – practice a hands-on approach to health care that includes patient examination, diagnosis and treatment. Chiropractors have broad diagnostic skills and are also trained to recommend therapeutic and rehabilitative exercises, as well as to provide nutritional, dietary and lifestyle counseling.

DCs may assess patients through clinical examination, laboratory testing, diagnostic imaging and other diagnostic interventions to determine when chiropractic treatment is appropriate or when it is not appropriate. Chiropractors will readily refer patients to the appropriate health care provider when chiropractic care is not suitable for the patient’s condition, or the condition warrants co- management in conjunction with other health care providers.

In many cases, such as lower back pain, chiropractic care may be a patient’s primary method of treatment. When other medical conditions exist, chiropractic services may complement or support medical treatment by relieving the musculoskeletal pain associated with the condition.

Like their medical colleagues, chiropractors are subject to the boundaries established in state practice acts and are regulated by state licensing boards. Their education in four-year doctoral graduate school programs is nationally accredited through an agency that operates under the auspices of the U.S. Department of Education. After graduation, they must pass national board exams before obtaining a license to practice, and then must maintain their license annually by earning continuing education (CE) credits through state-approved CE programs.

Dr. Matt Smith has been a Chiropractor in Saratoga Springs for the past 37 years. He and his daughter Dr. Kevy Smith Minouge can be reached at www.mysaratogachiropractor.com or call 518-587-2064.

Everyone who has ever owned real estate has had a deed.  They are undoubtedly one of the most common legal documents that lawyers draft. But what do you really know about deeds?  What are the different types of deeds and why are the differences important? Here’s a set of questions and answers that can act as a primer on real estate deeds.  In this discussion, I will use the term “grantor” to refer to the person giving the deed and the term “grantee” to refer to the person receiving the deed.  In a basic real estate closing context, the seller would be the grantor and the buyer would be the grantee.

What are the most common types of deeds?

The most common types of deeds are warranty deeds, quitclaim deeds, bargain and sale deeds, executor deeds, trustee deeds, life estate deeds, referee deeds, and tax foreclosure deeds.

What is a warranty deed?

A warranty deed is the most common deed for real estate transfers in Upstate New York.  With a warranty deed, the grantor is promising that they own the property and there are no title issues relating to property.  If title issues later arise after the closing, the grantee would potentially have a legal right to compel the grantor to resolve those issues.

What is a quitclaim deed?

In a quitclaim deed, the grantor conveys whatever rights, if any, they have in the property to the grantee.  Unlike a warranty deed, the grantor is not promising that they own the property and the grantor is not promising there are no title issues regarding the property.

What is a bargain and sale deed?

Bargain and sale deeds are more common downstate in real estate transfers.  The bargain and sale deed is better than a quitclaim deed but not as good as a warranty deed.  In a bargain and sale deed, the grantor is promising that they own the property and that they themselves have not done anything to impair the title to the property.  They are not promising (as in a warranty deed) that there are no title issues with the property, in general.

What is an executor’s deed?

If someone dies and their Will is submitted to probate, then an executor of their estate is appointed.  If the decedent owned property in their name at the time of their death, then that real estate is now owned by their estate.  If someone later buys that property from the estate, the executor signs an executor’s deed to convey the property.  It is important to note that just because you are named as an executor in someone’s Will, you may not sign an executor’s deed.  You need to have the decedent’s Will probated and receive your appointment from the Surrogates Court before you have the authority to sign an executor’s deed.

What is a trustee’s deed?

A trustee’s deed is signed when a trust owns the real estate.  There are several kinds of trusts.  Some trusts are created during the lifetime of a grantor and some trusts are created after the grantor’s death.  It is important to review the trust agreement to ensure that the person signing the deed is named as trustee and authorized by the trust provisions to sell the property.  If the trust was created in the grantor’s Will, it is important to make sure the Will was probated and the Surrogates Court appointed the named trustee.

What is a life estate deed?

I am using the shorthand “life estate deed” to describe the type of deed where the property is conveyed by the grantor to a grantee, but a life estate is retained by the grantor.  This is common when a parent wants to deed their property to their children but wants to maintain the right to live in their house until they die, which is accomplished by the reserved life estate right.  Upon the death of the grantor, the grantee then has title to the property free of the grantor’s interest.  In that case, no action is required in Surrogates Court to complete the transfer to the grantee.

What is a referee’s deed?

A referee’s deed is used when a property has been foreclosed on by a mortgage holder.  In those cases, the court handling the foreclosure appoints a referee to handle the sale.  The referee usually holds a sale at public auction and the highest bidder wins the opportunity to purchase the property.  The buyer typically has to put a small deposit down on the date of the auction and then pay the balance of the purchase price in a certain number of days.

What is a tax foreclosure deed?

If a property owner does not pay their property taxes, the local municipality or county has the ability to foreclose their tax lien on the property and take title to it.  This is usually done against all the delinquent properties in the municipality or county at the same time, through a legal tax foreclosure proceeding.  A public tax foreclosure auction is later held, where all the delinquent properties are sold to the highest bidder.  A government official who is authorized to sign the tax foreclosure deeds will later sign the deeds to the winning bidders.

The deeds listed above are not an exhaustive list of real property deeds in New York, but they are the most common.  As you can see, there are a number of important differences with each deed, and a buyer has to be careful to understand exactly what they are getting when they purchase real property.  In order to protect your interests, it is important to secure the services of an experienced attorney and title company to assist you when you make a real estate purchase.

Matthew J. Dorsey, Esq. is a Shareholder with O’Connell and Aronowitz, 1 Court St, Saratoga Springs. Over his 26 years of practice, he has focused in the areas of elder law, estate planning, and estate administration. Mr. Dorsey can be reached at 518-584-5205, mdorsey@oalaw.com and www.oalaw.com.